ILLINOIS POLLUTION CONTROL BOARD
January
21,
1988
IN THE MATTER OF:
CITY OF FREEPORT
)
AC 87—117
(IEPA Docket No. 8716—AC)
Respondent.
ORDER
OF THE BOARD:
This matter comes before
the Board upon
a December
8,
1987
filing of an Administrative Citation pursuant to Section 31.1
of
the
Illinois Environmental Protection Act
(Act)
by the Illinois
Environmental Protection Agency (Agency).
A copy of that
Administrative Citation
is attached hereto.
Service of
the
Administrative Citation was made upon the City of Freeport on
December
7,
1987.
The Agency alleges that the City of
Freeport
has violated Sections 2l(p)(5)
and 2l(p)(l2)
of the Act.
The
statutory penalty established
for each of these violations is
$500.00 pursuant
to Section 42(b)(4)
of
the Act.
The City of
Freeport has not filed
a Petition for Review
with the Clerk of the Board within 35 days of the date of service
as allowed by Section 31.l(d)(2)
of the Act.
Therefore, pursuant
to Section 3l.l(d)(1),
the Board finds that the City of
Freeport
has violated each and every provision alleged
in the
Administrative Citation.
Since
there are two
(2)
such
violations,
the total penalty to be imposed
is set at
$1,000.00.
It
is hereby ordered
that, unless
the penalty has already
been paid,
within
30 days of the date of this Order the City of
Freeport shall, by certified check
or money order
payable to the
State of
Illinois
and designated
for deposit
into the
Environmental Protection Trust
Fund, pay a penalty
in the amount
of $1,000.00 which
is to be sent to:
Illinois Environmental Protection Agency
Fiscal Services Division
2200 Churchill Road
Springfield,
IL 62706
IT IS SO ORDERED.
85—257
—
--
I,
Dorothy M. Gunn, Clerk
of the Illinois Pollution Control
Board, hereby certi
that the above Order was adopted on the
~/.44—
day of
,
1988 by a vote
of
7-O
Dorothy
M.
G
n, Clerk
Illinois Pollution Control Board
85—258
lL~:~o~
E~’IE~C•~•1ENTAL
PROTECTION
AGE
;:~I~TRATr/E
CITATION
________________________
N
THE
MATTER
OF:
CiT’~ OP FREEPOPT.
)
IEPA ooc:(ET NO. 8716—AC
a
TUP1C~t~i
coro-o~oo
of
the
~t~te
of
iiHo~.
)
Rp~ent.
)
LCD
ICT ION
This
Adriinis:rative
Cltaticn
is
issued pursuant
to the authority
vested
in
tne
Illinois
Environroencal
Procecticn Agency
by Public Act
84—1320
(Ill.
Re’i.
Stot.
i93Ô,
Supp.,
ch.
lil~a~
par.
1031.1).
FACTS
1.
That
P~espondent, City
of
Freeport, is
the present operator
of
a
facility
located
jr
the
County
of
Stephenson,
State
of
Illinois.
2.
That
said
fac~1~ty
is
operated
as
a
sanitary
landfill,
operatinc
under
Illinois
Environroental
Protection
Agency
Operating
Permit
No.
1986-10—0?,
and
iesignated
~vith Site
Code
No.
1770200015.
Said
facility
is
coromonly
knov~n to
the
Acency
as
Freeoort/Municipal
#4.
3.
That
Respondent
has
operated
said
facility
at
all
times
pertinent
hereto.
4.
That
on
Octoher
21,
1987,
Jack Hoizer,
of
the Illinois Environmental
Protection
Agency,
inspected the above—described
landfill
facility.
A
copy
of
the
inspection
report
setting
forth
the
results
of
such
inspection
is
attached
hereto
and made
3
part
hereof.
85—259
7LCLJVfIUNS
On
the
basis
oF
~ii;’~ct
:h:er’vaticn
of Jack Holzer, the Illinois
Envircanentel
Protection
Aoerc”
has determined that Respondent was
conducting
a
sonitory landfill
oo~r-ationat
the above-described facility,
which
is
rectrired to
h:”e
a ~~r~nit
nursuant to
Ill.
Rev.
Stat.
1985,
ch. ~
par.
2I~. ~n
~.
rranner ~ihich
resulted
in the following
conditions:
A.
On October
21,
1987,
said landfill
had uncovered refuse re-
maining from
a previous oceratino day, in
violation of
Ill.
Rev.
Stat.
LC35,
ch.
111½,
par.
1021(o)(5).
B.
On Octoner
21,
1287,
said landfill
had
‘failed to collect and
contain
litter from
trre
site oy the end of
a
previous operating day,
in violation of Ill.
Rev.
Stat.
1985,
ch.
111½,
par.
lO2l(p)(l2).
CIVIL PENALTY
Pursuant to Public Act 84—1220
(Ill.
Rev.
Stat.
1986 Supp.,
ch.
111½, par.
l042(b)(4)),
Respondent herein
is subject
to
a
civil
penalty
of Five Hundred Dollars (CECO.CO) for each violation specified above
in
Paragraphs
A and
B,
for
a
total
of One thousand
($1,000.00)
dollars.
Additionally, should you elect
to
petition
the Illinois Pollution Control
Board under the review process
deocrit-ed hereinbelow,
and
if there
is
a finding of the violations
alleged herein, after
an adjudicatory
hearing,
you
shall
be assessed the
associated
hearing
costs
incurred
by the Illinois
Environroentel
Protection Agency and
the Illinois Pollution
Control
Board,
in addition
to
the
Five Hundred Dollar
($500.00) statutory
penalty for each finding of violation.
2
85—260
If
l’ou achnc’:,lede the viol a tions
cited
hereinabove,
the
civil
penalty
scecifieci
o’o.~hallhe due
and
payable
no
later
than
January
13,
1933.
II “en do ~oL ontitico
the
Illinois
Pollution
Control
Board
br
re’iievi
of
Lhi
~ir~ stroti
“a
Citation
within
thirty—five
(35)
days
of sar”ice ~e~’vnYr
LC”~nelect
to
contest.
this
Administrative
C
torien
on:’
n~i~Tsn~.
rondored
conai
nst
you
shal
I
specify
the
due
date
of
the
statutory
civil
penalty
and
any
costs
assessed
against
you.
When
payment
is
made,
your
check
should
be
made
payable
to
the
Illinois
En’ijronr’entnl
Protecticn
Trust
fund
and
mailed
to
the
attention
of
Fiscal
Services,
Illinois
Envi ronmental
Protection
Agency,
2200
Churchill
Road,
P.O.
Dox
19275,
Springfield,
Illinois
62794—9276.
Also,
please
complete
anu
return
the
enclosed
Remittance
Form,
along
with
your
payment,
to
assure
proper
documentation
of
payment.
If
any
civil
penalty,
be
reason
of
acknowledgment,
default
or
finding
after
adjudicatory
hearing,
is
not
paid
when
due;
the
Illinois
Environmental
Protection
Agency
shall
take
into
consideration
such
failure
to
pay
during
any
permit
review
process
upon
your
application
for
a
new
permit
or
~or
renewal
of
an
existing
permit.
Furthermore,
if
payment
is
not
received
when
due,
the
Offices
of
the
Illinois
Attorney
General
shall
be
requested
to
‘initiate
proceedings
in
Circuit
Court
to
collect
said
civil
penalty.
In
addition
to
the
previously
assessed
civil
penalty,
and
hearing
costs
of
the
Illinois
Environmental
Protection
Agency
and
the
Illinois
Pollution
Control
Board,
if
any;
the
Attorney
General’s
Office
~iill
seek
to
rr’cover
their
costs
of
litigation.
j
85—261
::~:,:fl~,OE
FOR
CONTESTING
THIS
~ATiVE
CITA
ION
~ouhave
coo
contest this i~dniini
s Lratlve
Citation.
See
indlic
Act
~l—i32O (:11.
Pay.
Stat.
1986
Supp.
,
di.
111½,par.
1031.1).
If you ~1pCt~o n~~t
t’nio Administrative
Citation,
you
must
file
a
Pen
ti
on
Air h~”i
-..:
:i..
the
31 orh of the
Illinois
Poll utiori
Control
Board.
A
copy
of the
Petition
for
Review
should
be
filed
with
the
Illinois
Environmental
Protection
Agency.
Such
Petition
for
Review
must
be
filed
within
thirty—five
(35)
days
of
the
date
of
service
of
this
Administrative Cioeticn, or
a
default
judgment
shall
be
entered
by
the
Pollution
Controi
board.
The
Petition
for
Review
may
be
filed
with the Clerk
of
the
ill
i
noi
s
Poll utiort
Control
Board
at
the
State
of
Illinois
Center,
100
West
Randolph,
Suite
11-500,
Chicago,
Illinois
60601;
and,
a
copy
of
said
Petition
for
Review
filed
with
the
Illinois
Environmental
Protection
Agency
at
2200
Churchill
Road,
P.O.
Box
19276,
Springfield,
Illinois
62794-9276,
Attention:
Enforcement
Services.
rO~
~
*
—
,V)
,)
/
/
/_‘___~__~2_____~T’_-
Richard
J.
Carlson,
Director
Illinois
Environmental
Protection
Agency
Dated:
December
4,
1931
85—262